NARAL Pro-Choice America

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State Constitutional Protection

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This election is going to come down to the wire. We can win this. But we need to know that you’ll be voting.

Tell Hulu: Stop Anti-Choice Censorship

Hulu has rejected (twice!) an ad that educates voters about an anti-abortion ballot measure in Colorado, saying it's "political" and "controversial." But they run political ads all the time! Sign our petition to stop the censorship.

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Stop Michael Boggs' Confirmation

Find out why we oppose the nomination of Georgia state appeals court judge Michael Boggs to the federal district court and see how you can speak out. Learn More »

Can a state constitution provide broader protection for the right to choose than the federal Constitution does?

Yes. Women's freedom and privacy are protected by the U.S. Constitution, as interpreted by the U.S. Supreme Court in the historic Roe v. Wade decision and other cases. However, an increasingly hostile Supreme Court has allowed more and more restrictions on those rights, allowing politicians and others to infringe on private medical decisions in many ways. Fortunately, a number of state courts have ruled that their state constitutions provide stronger protections for the right to privacy and the right to choose than the U.S. Constitution does. If Roe were overturned, eliminating federal constitutional protection for choice, these states might be able to protect women’s continued access to reproductive-health services unless Congress passed legislation banning abortion nationwide, trumping state constitutional protections.

Current State Laws

16 states' constitutions provide greater protection of a woman's right to choose than does the federal Constitution: AK, AZ, CA, CT, FL, IL, IN, MA, MN, MT, NJ, NM, OR, TN, VT, WV.

View a map of all states with State Constitutional Protection.

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